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You are here: BAILII >> Databases >> England and Wales High Court (Technology and Construction Court) Decisions >> Hatmet Ltd v Herbert (t/a LMS Lift Consultants) [2005] EWHC 3529 (TCC) (18 November 2005) URL: https://www.bailii.org/ew/cases/EWHC/TCC/2005/3529.html Cite as: 115 Con LR 95, [2005] EWHC 3529 (TCC) |
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QUEEN'S BENCH DIVISION
TECHNOLOGY AND COMMERCIAL COURT
Strand London WC2A 2LL |
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B e f o r e :
____________________
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(CLAIMANT) | ||
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(DEFENDANT) |
____________________
Tape
transcript of Wordwave Limited
PO Box 1336 Kingston-Upon-Thames Surrey KT1 1QT
Tel No: 020 8974 7300 Fax No: 020 8974 7301
(Official Shorthand Writers to the Court)
MISS GILLIES appeared on behalf of the DEFENDANT
____________________
VERSION
OF JUDGMENT
Crown Copyright ©
"Supply and fit ceilings tolift
cabins as per your quote. (1) Eighteen
lifts
in total. (2) Delivery in six weeks. (3) Price: £1,005 per
lift."
[Judge's note: unable to check the wording]
"Further to our initial meeting and yourverbal
request for the claimant to quote for the supply and installation of (inaudible) acoustic ceiling panels for the 18
lift
cars and your subsequent purchase order [and reference is made there to the April 2004 purchase order], the price of £1,005 per
lift
car was as your
verbal
instructions and sketched by myself at the meeting. [Then he goes on to make brief reference to what that sketch showed.] From
various
meetings this appears to be contrary to what the architect is expecting. Bouygues have requested that we revert back to the architect's original drawings [and the numbers are quoted which show nine panels with stainless steel edges, and so on]. The additional cost to revert back to the architect's drawings will be forwarded to you when known ... We respectfully request an instruction on how you wish us to proceed with the changes." [Judge's note: unable to check the wording]
"MrHerbert
will have a copy of the sketch as I sent him a copy after our meeting to confirm the work that we had agreed to carry out for the price of £1,005 per
lift
car." [Judge's note: unable to check the wording]
"Further to that letter, we send attached copy of approved drawing issued to us by Bouygues today. Could you please forward your comments as soon as possible, instructing us on how you wish us to proceed. We again remind you that our order is with you and we will onlytake
instruction from yourselves." [Judge's note: unable to check the wording]
"Please proceed urgently with the manufacturing oflift
ceilings incorporating architect's comments. We have no further comments." [Judge's note: unable to check the wording]
"As you were aware, the specification of the ceiling panels to thelift
cars has changed from our earlier discussions. [Then he sets out briefly what he says the requirement is now.] Our original price as stated on your purchase order was £1,005 per
lift
car. Our revised price is £1,318.20 per
lift
car. We request your written approval of the following: (a) the mock-up installed in the scenic
lift
and (b) our revised price of £1,318.20. We have procured the materials and therefore request a deposit of 50 per cent of the overall contract
value
to enable us to proceed further with the installation." [Judge's note: unable to check the wording]
"Regarding your invoice, Bouygues will not agree to the increased costs unless they have documented evidence of the changed design from the original order." [Judge's note: unable to check the wording]
"The cost of installing the steel ropes that you refer to will be most certainly not accepted by ourselves as there is no design or contractual requirement for us to design or incorporate these components into the supply and fix installation." [Judge's note: unable to check the wording]
"(b) If the agreement is made by exchange of communications in writing, or (c) if the agreement is evidenced in writing."
"Please proceed urgently with the manufacturing of the ceilings incorporating the architect's comments." [Judge's note: unable to check the wording]